New security decree: New offence of violent participation in demonstrations and tougher measures on minors
On 22 October 2026, the President of the Republic issued Decree-Law No. 190 “Urgent Provisions on Public Security and the Fight Against Juvenile Crime”. The measure is the eighth “security decree” adopted during the four years of the Meloni Government and was approved by the Council of Ministers following public disturbances that occurred in several Italian cities, particularly Milan.
Article 1 of the decree provides that, for minors aged between 14 and 18, “the minor’s capacity to understand and to intend is presumed unless proven otherwise”. This means that, whereas previously it was a responsibility of the prosecution to prove that the minor had the capacity to understand and to intend, under the new measure it is instead for the defence to demonstrate the minor’s lack of such capacity, as is the case for adults.
The decree also introduces a new criminal offence through Article 420-bis (Organised Violence at Public Demonstrations). The amendment to the Criminal Code provides that anyone who takes part in a demonstration by joining an organised group of five or more persons and uses blunt instruments, such as sticks, clubs, or other objects capable of causing injury, thereby creating a concrete danger to the safety of persons and causing damage to property, shall be punished by imprisonment for a term of two to five years and a fine of between €10,000 and €20,000. The penalty is increased by between one third and one half if a) the offence is committed by persons whose faces are covered, or b) the use of objects capable of causing injury is directed against public infrastructure or infrastructure used for the supply of energy or telecommunications. In addition, the provision punishes with imprisonment for a term of four to twelve years anyone who organises or promotes the formation of such a group, including through electronic or digital means.
The measure also introduces administrative penalties for persons exercising parental responsibility where a minor – including a child under the age of 14 and therefore below the age of criminal responsibility – participates in the commission of the offences provided for under Articles 419, 420, 420-bis and 635.1 of the Criminal Code. The penalty consists of the payment of a sum ranging from €500 to €1,000, which may increase to €2,000 in the event of repeated violations. Where damage is caused to public property, the payment order is automatically sent to the residence of the person exercising parental responsibility. Where, on the other hand, the damage concerns private property, the private party who suffered the damage may apply for a payment order.
As regards preventive measures, the power to order that a person be taken to and held at police premises for a maximum of twelve hours is extended to police operations carried out in places where large numbers of people are present. This measure applies to persons, including minors, in respect of whom there are reasonable grounds to believe that they are engaging in conduct that poses a concrete threat to public safety. Where five or more persons, in a public place, engage in conduct that poses a risk to safety, the chief of police (questore) may also impose, for a period not exceeding one year, a prohibition on gathering with specified persons in specifically designated places.